Author archives: wpengine

“CRIMINALS” – Why should we care about “those people”?

The term “criminal” is stigmatizing. it conjures up images of Spiderman stringing bank robbers by their feet until the police arrive—okay, maybe that’s just me—but typical views on anyone who’s been arrested, or as organizations like the John Howard Society refer to them: justice-involved, are that these individuals are the lowest of the low because …

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THE HIGH COST OF A LEGAL EDUCATION – You spend a minimum of 9 years after high school and come out with $100,000 to $200,000 in debt and years behind your peers in earning. Then you have to borrow more to invest in setting up an office and start looking for work in a competitive market while carrying the debt load. This is a reason why lawyers have to charge what they do.

Debt loads are becoming an enduring burden for Canadian law graduates, and that is distorting the profession’s ability to service the public. Source: Canada’s growing student debt crisis

BENEFIT OF LESSER PUNISHMENT – The Charter provides that “any person charged with an offence has the right if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.” What if the punishment was lower between those two points in time. Does one get the benefit of the LOWEST punishment prescribed over that period of time? The S.C.C. says: “A binary right involves a comparison of the punishments under the laws in force at two set points in time (commission of the offence and sentencing) and the right to receive the lesser of these punishments. … 11 (i) is intended to confer a binary right.” In other words, NO. It is not a “global right”.

Majority of court finds that s. 11(1) of Charter confers binary, not global right Source: Convicted person has right to lesser of two punishments existing at time of commission or sentencing

A LIMIT ON POLICE POWERS – The police have no authority to arrest an individual who is acting lawfully in order to prevent an apprehended breach of the peace. This is of particular importance in the context of public demonstrations. No more “kettling” or mass arrests at lawful protests.

The Supreme Court of Canada released its decision in Fleming v Ontario, on October 4, 2019. The decision was unanimous, with Côté J. writing for the Court. The case is about common law police powers of arrest. In arresting Mr. Fleming (the Appellant), the Respondent Attorney-General of Ontario and police officers argued that they had …

Continue reading “A LIMIT ON POLICE POWERS – The police have no authority to arrest an individual who is acting lawfully in order to prevent an apprehended breach of the peace. This is of particular importance in the context of public demonstrations. No more “kettling” or mass arrests at lawful protests.”

Alberta to introduce legislation that would allow access to partner’s criminal records. OR you could ask your partner to provide a criminal record check.

Legislation is being introduced this fall to bring a “Clare’s Law” to Alberta that would allow people access to criminal records of their partners in hopes it will help protect people from potential domestic violence. Source: Alberta to introduce legislation that would allow access to partner’s criminal records